People v. Werner

Opinion

DUFFY, J.*

Warrantless searches of residences are “presumptively unreasonable” under the Fourth Amendment to the United States Constitution. (Payton v. New York (1980) 445 U.S. 573, 586 [63 L.Ed.2d 639, 100 S.Ct. 1371], fn. omitted.) But police performing an in-home arrest may conduct a limited search for their own protection, known as a “protective sweep,” under certain circumstances where they have a reasonable suspicion that there may be a dangerous person in the area to be swept. (Maryland v. Buie (1990) 494 U.S. 325, 335 [108 L.Ed.2d 276, 110 S.Ct. 1093] (Buie).) Whether the court…